Yang v Ichinen Autos (NZ) Limited

[2023] NZHC 2755

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2023-404-1353

[2023] NZHC 2755

BETWEEN

ZHANPING YANG

Appellant

AND

ICHINEN AUTOS (NZ) LIMITED

Respondent

Hearing:	On the papers at Auckland
Judgment:	3 October 2023

JUDGMENT (NO.2) OF POWELL J

[Costs]

This judgment was delivered by me on 03 October 2023 at 4.00 pm pursuant to

r 11.5 of the High Court Rules

…………………..

Registrar/Deputy Registrar

ZHANPING YANG v ICHINEN AUTOS (NZ) LIMITED [2023] NZHC 2755 [3 October 2023]

[1]    On 5 September 2023 I issued a judgment striking out Mr Yang’s appeal for want of jurisdiction, and determined that the respondent Ichinen Autos (NZ) Limited (“Ichinen”) was entitled to costs on a 2B basis uplifted by 25 per cent.1

[2]    Leave was given for the parties to file memoranda in the event there was any issue with the calculation of the costs. Memoranda have now been filed.

[3]    Mr Bullock on behalf of Ichinen has calculated that costs on a 2B basis uplifted by 25 per cent comes to $6,273.75. Mr Bullock however noted that as his actual fees came to $3,150 excluding GST, the amount of costs claimed by Ichinen was $3,150. In response, Mr Yang has not raised any issue with regard to the calculation of costs but has simply repeated his earlier submissions with regard to the substantive issues he wished to raise on appeal.

[4]    Having considered the issue I agree it is appropriate to make the order for the actual costs incurred by Ichinen, noting that these are substantially less than Ichinen would otherwise have been entitled to.

[5]Mr Yang is therefore to pay Ichinen costs in the sum of $3,150.

Powell J

1      Yang v Ichinen Autos (NZ) Ltd [2023] NZHC 2487 at [10]–[11].